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The Human Rights of Migrants and Refugees in European Law

Cathryn Costello

2016 Winner of the Odysseus Network Prize for Best Publication. Focussing on access to territory and authorization of presence and residence for third-country nationals, this book examines the EU law on immigration and asylum, addressing related questions of security of residence. Concentrating on the key measures concerning both the rights of third-country nationals to enter and stay in the EU, and the EU's construction of illegal immigration, it provides a detailed and critical discussion of EU and ECHR migration and refugee law.
Rights of admission include three categories of entrants: labour migrants, family migrants, and asylum seekers and refugees. Legal entry raises further questions, and recent key measures, including the EU Blue Card Directive, the Family Reunification Directive, and the Dublin Regulation and related instruments are examined. As most of these EU measures deal with those border crossings where human rights norms have already established some constraints on state discretion, the interaction between the EU norms and the case law of the European Court of Human Rights (ECtHR) is a key concern. The uniting theme is the interaction between established human rights norms, in particular the ECHR, and EU law. Does the EU fulfil its post-national promise to create forms of membership beyond the state, or in its treatment of non-Europeans, does it undermine human rights and existing legal protections?
Part of the acclaimed Oxford Studies in European Law, this book contributes a scholarly analysis of EU and ECHR migration and refugee law, including key EU legislative measures, the Court of Justice’s main rulings, and related European Court of Human Rights case law. To claim a 30% discount, order online from the Oxford University Press website, adding promotion code ALAUTHC4 to your shopping basket. The discount is valid until 31 March 2017. Limit 10 copies per transaction, non-trade customers only. This discount does not apply to the eBook. Visit: www.oup.com/uk/law